Leonard W. Vona, CPA, CFE
|
|
- Shannon Poole
- 7 years ago
- Views:
Transcription
1 Leonard W. Vona, CPA, CFE Certified Public Accountant Certified Fraud Examiner 3331 Route 9 Valatie, NY Tel: (518) Fax: (518) lwvcfe@aol.com Part of an auditor s job is to ensure that their clients financial statements are free of fraud. But, what is fraud? It is a universally understood term, however, most people are unable to truly define what it means. Depending on the source from which it is obtained, there are a number of definitions for the term. For example, the definition in Webster s dictionary is going to be different from the definition of fraud that the AICPA has. Also, to make things a bit more complicated, some definitions, such as the one given by the ACFE, are broken down into categories based on the types of fraud that can occur, each of which having its own definition of course. One would think that a simple word like fraud would be easily definable, but in reality, it has multiple meanings and can be interpreted differently depending to whom or where it is being referenced. Definitions of Fraud Mirriam-Webster s online dictionary defines fraud as an intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. 1 Similarly, Black s Law Dictionary defines fraud as a knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment. 2 Black s Law Dictionary also defines the various types of fraud that can occur, such as actual fraud, bank fraud, bankruptcy fraud, criminal fraud, and what constitutes a fraudulent act: , s.v., fraud. 2 Bryan Garner, ed., Black s Law Dictionary. 8th Ed. (2004), s.v., fraud.
2 Actual fraud A concealment or false misrepresentation through a statement or conduct that injures another who relies on it in acting. Bank fraud The criminal offense of knowingly executing, or attempting to execute, a scheme or artifice to defraud a financial institution, or to obtain property owned by or under the control of a financial institution, by means of false or fraudulent pretenses, representations, or promises. Bankruptcy fraud A fraudulent act connected to a bankruptcy case; esp., any of several proscribed acts performed knowingly and fraudulently in a bankruptcy case, such as concealing assets or destroying, withholding, or falsifying documents in an effort to defeat bankruptcy-code provisions. Criminal fraud Fraud that has been made illegal by statue and that subjects the offender to criminal penalties such as fines and imprisonment. Fraudulent act- Conduct involving bad faith, dishonesty, a lack of integrity, or moral turpitude. Likewise, the United States Government Accountability Office (GAO) defines fraud as a type of illegal act involving the obtaining of something of value through willful misrepresentation. 3 U.S. Department of Justice Definition The United States Delegation responded in a questionnaire to the United States Department of Justice, Criminal Division, that U.S. federal law does not have a precise 3
3 definition of the term fraud, although it does provide various federal criminal offenses that pertain directly to fraud, such as accounting fraud and securities and other investment fraud. Accounting fraud involves officers of publicly traded companies seeking to manipulate accounting data and corporate reports to make the financial soundness of their companies appear better than it is and securities and other investment fraud consists of market-manipulation schemes, fraudulent offers of stock in nonexistent or bankrupt companies, fraudulent foreign-currency transactions, prime bank schemes, offshore trusts and investments, and insider trading. Another common type of fraud that occurs in the United States that was cited in the questionnaire was that of financial institution fraud, which this offense criminalizes any execution, or attempt to execute, a scheme or artifice to defraud a federally insured financial institution, or to obtain any money under the control or custody of a federally insured financial institution by using false or fraudulent pretenses, representations, or promises. 4 The United States Department of Justice, Criminal Division, defines corporate fraud to include falsification of corporate financial information, self-dealing by corporate insiders, and obstruction of justice, perjury, witness tampering and other obstructive behavior relating to falsification or selfdealing activities. 5 The Association of Certified Fraud Examiners (ACFE) Definition The ACFE does not have a specific definition of the term fraud, but rather classifies fraud into main categories: 4 May Activities Report ( ).
4 1. Misrepresentation of material facts the elements constituting misrepresentation normally include: A material false statement; Knowledge of its falsity; Reliance on the false statement by the victim; and Damages suffered 2. Concealment of material facts The essential elements of fraud based on failure to disclose materials facts are: that the defendant had knowledge of a material fact that the defendant had a duty to disclose and failed to do so with the intent to mislead or deceive the other party. 3. Bribery Includes official bribery, which refers to the corruption of a public official, and commercial bribery, which refers to the corruption of a private individual to gain a commercial or business advantage. 4. Conflicts of Interest Engaging in conduct that involves a conflict of interest is prohibited. Elements of a typical civil claim for conflict of interest include: an agent* taking an interest in a transaction that is actually or potentially adverse to the principal without full and timely disclosure to and approval by the principal. An agent includes any person who, under the law, owes a duty of loyalty to another, including officers, directors, and employees of a corporation, public officials, trustees, brokers, independent contractors, attorneys, and accountants.
5 5. Theft of money and property- Includes embezzlement, larceny, and misappropriation of trade secrets and proprietary information. Embezzlement The wrongful appropriation of money or property by a person to whom it has been lawfully entrusted. Larceny The wrongful taking of money or property of another with the intent to convert or to deprive the owner of its possession and use. Theft or misappropriation of trade secrets Include not only secret formulas and processes, but also proprietary information, such as customer and price lists, sales figures, business plans, or any other confidential information that has a value to the business and would be potentially harmful if disclosed. 6. Breach of Fiduciary Duty Not abiding by the duty of loyalty or the duty of care that exist in a fiduciary relationship, such as officers, directors, high-level employees of a corporation or business, and agents and brokers. Duty of loyalty Requires the employee/agent act solely in the best interest of the employer/principal, free of any self-dealing, conflicts of interest, or other abuse of the principal for personal advantage. Duty of care Requires the employee/agent to conduct business affairs prudently with the skill and attention normally exercised by people in similar positions.
6 The American Institute of Certified Public Accountants (AICPA) Definition The AICPA contains both a clear definition of fraud as well as categorizes fraud into internal fraud and external fraud, each having a distinct definition of its own. The AICPA defines fraud according the definition given by Black s Law Dictionary 6 th Edition, 1990: An intentional perversion of truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him or to surrender a legal right. A false representation of a matter of fact, whether by words or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, which deceives and is intended to deceive another so that he shall act upon it to his legal injury A generic term, embracing all multifarious means which human ingenuity can devise, and which are resorted to by one individual to get advantage over another by false suggestions or by suppression of truth, and includes all surprise, trick, cunning, dissembling, and any unfair way by which another is cheated. 6 The AICPA further classifies fraud into internal and external fraud: Internal fraud Activities perpetrated within the organization such as intentional misrepresentation of financial statements or financial statement transactions, theft, embezzlement, or improper use of the organization s resources. Includes both employee and management fraud. 6 Fraud Basics: The Many Faces of Fraud, Fraud Examiners Manual. ACFE,
7 External fraud Involves theft of improper use of the organization s resources perpetrated by individuals outside the organization. SAS No. 99 Definition The AICPA also implemented SAS No. 99, which provides definitions and characteristics of fraud to assist auditors in making sure that financial statements are free of material misstatement, whether caused by error or fraud, in the audit process. SAS No. 99 distinguishes errors as unintentional misstatements or omissions of amounts or disclosures in financial statements and fraud as intentional misstatements or omissions of amounts or disclosures in financial statements. In conducting an audit, misstatements are said to arise from two distinct types of acts: 1. Fraudulent financial reporting Intentional misstatements in financial statements to deceive financial statement users. 2. Misappropriation of assets Theft of company s assets the effect of which has not been appropriately reflected in the financial statements. be present: SAS No. 99 also identifies that in order for fraud to occur, three conditions must
8 1.Incentive/pressure - a reason to commit fraud. 2.Opportunity - e.g., ineffective controls, override of controls. 3.Attitude/rationalization - ability to justify the fraud to oneself. The Institute of Internal Auditors (IIA) Definition The IIA describes fraud as any illegal acts characterized by deceit, concealment or violation of trust. These acts are not dependent upon the application of threat of violence or of physical force. Frauds are perpetrated by parties and organizations to obtain money, property, or services; to avoid payment or loss of services; or to secure personal or business advantage. 7 The IIA further clarifies fraud and misconduct into categories: Financial Reporting Risk: Financial misconduct by member(s) of senior management or the board, such as charging improper fees Fraudulent financial reporting o Earnings management arising from improper revenue recognition, overstatement of assets, or understatement of liabilities Operational Risk: Costs and expenses avoided by fraud such as tax fraud Revenues and assets obtained by fraud (committed against employees and third parties) Compliance Risk: Expenditures and liabilities for an improper purpose o Cash kickbacks and public corruption 7
9 Misappropriation of assets o Embezzlement, payroll fraud, physical theft International Definition Lastly, to give an international perspective on what constitutes as fraud, the European Parliament defines fraud as consisting in the use of false documents, nondisclosure of information, and the misapplication of funds or of a legally obtained benefit. A criminal offense. 8 In conclusion, there are many faces of fraud. The definition or clarification of what fraud actually is depends entirely on the reference from which it is being examined. As was shown, each source has its own definition of fraud and what categories of fraud do in fact exist. In order to fully understand how to look for and identify fraud in financial statements of clients, auditors need to understand what fraud is and what characteristics constitute fraud. End of Document Marina Kinner, Siena Prepared on December 21,
The Fraud Trial. World Headquarters the gregor building 716 West Ave Austin, TX 78701-2727 USA
The Fraud Trial World Headquarters the gregor building 716 West Ave Austin, TX 78701-2727 USA II. THE LAW AGAINST FRAUD Fraud is distinguished from larceny or theft. The elements of criminal and civil
More informationPresented by: Donald F. Conway, CPA Mercadien, P.C., Certified Public Accountants. Forensic Accounting, Political Corruption & White Collar Offenses
Presented by: Donald F. Conway, CPA Mercadien, P.C., Certified Public Accountants Forensic Accounting, Political Corruption & White Collar Offenses Defining Fraud The dictionary defines fraud as a deception
More information1. Compliance with Laws, Rules and Regulations
CODE OF BUSINESS CONDUCT - EXAMPLE INTRODUCTION This Code of Business Conduct covers a wide range of business practices and procedures. It does not cover every issue that may arise, but it sets out basic
More informationPioneer Power Solutions, Inc. Code of Business Conduct and Ethics
A. INTRODUCTION Pioneer Power Solutions, Inc. Code of Business Conduct and Ethics The purpose of this Code of Business Conduct and Ethics (this Code ) is to describe standards of conduct and business expected
More informationHow To Handle A Fraud At Psc
FRAUD POLICY Purpose and Background PSC is committed to the highest standards of moral and ethical behavior. The purpose of PSC s Fraud Policy is to foster an environment that promotes awareness to fraudulent
More informationMOTORCAR PARTS OF AMERICA, INC. CODE OF BUSINESS CONDUCT AND ETHICS ADOPTED EFFECTIVE JANUARY 15, 2015
MOTORCAR PARTS OF AMERICA, INC. CODE OF BUSINESS CONDUCT AND ETHICS ADOPTED EFFECTIVE JANUARY 15, 2015 The Board of Directors of Motorcar Parts of America, Inc. ( MPA ) has adopted the following Code of
More informationNorth Shore LIJ Health System, Inc.
North Shore LIJ Health System, Inc. POLICY TITLE: Detecting and Preventing Fraud, Waste, Abuse and Misconduct POLICY #: 800.09 System Approval Date: 6/23/14 Site Implementation Date: Prepared by: Office
More informationCompliance Plan False Claims Act & Whistleblower Provisions Purpose/Policy/Procedures
CATHOLIC CHARITIES OF THE ROMAN CATHOLIC DIOCESE OF SYRACUSE, NY and TOOMEY RESIDENTIAL AND COMMUNITY SERVICES Compliance Plan False Claims Act & Whistleblower Provisions Purpose/Policy/Procedures Purpose:
More informationNewYork-Presbyterian Hospital Sites: All Centers Hospital Policy and Procedure Manual Number: D160 Page 1 of 9
Page 1 of 9 TITLE: FEDERAL DEFICIT REDUCTION ACT OF 2005 FRAUD AND ABUSE PROVISIONS POLICY: NewYork- Presbyterian Hospital (NYP or the Hospital) is committed to preventing and detecting any fraud, waste,
More informationB. Prevent, detect, and respond to unacceptable legal risk and its financial implications. C. Route non-compliance issues to appropriate areas.
Policy Ashe Memorial Hospital (AMH) is committed to effective and efficient operations, reliable financial reporting and compliance with all applicable laws and regulations. It is the policy of AMH to
More informationADMINISTRATIVE POLICY SECTION: CORPORATE COMPLIANCE Revised Date: 2/26/15 TITLE: FALSE CLAIMS ACT & WHISTLEBLOWER PROVISIONS
Corporate Compliance Plan AD-819-0 Reporting of Compliance Concerns & Non-retaliation AD-807-0 Compliance Training Policy CFC ADMINISTRATIVE POLICY AD-819-1 SECTION: CORPORATE COMPLIANCE Revised Date:
More informationTitle: Preventing and Reporting Fraud, Waste and Abuse in Federal Health Care Programs. Area Manual: Corporate Compliance Page: Page 1 of 10
Title: Preventing and Reporting Fraud, Waste and Abuse in Federal Health Care Programs Area Manual: Corporate Compliance Page: Page 1 of 10 Reference Number: I-70 Effective Date: 10/02 Contact Person:
More informationINTERNATIONAL STANDARD ON AUDITING (UK AND IRELAND) 240 THE AUDITOR S RESPONSIBILITY TO CONSIDER FRAUD IN AN AUDIT OF FINANCIAL STATEMENTS CONTENTS
INTERNATIONAL STANDARD ON AUDITING (UK AND IRELAND) 240 THE AUDITOR S RESPONSIBILITY TO CONSIDER FRAUD IN AN AUDIT OF FINANCIAL STATEMENTS CONTENTS Paragraphs Introduction... 1-3 Characteristics of Fraud...
More informationVIDANT HEALTH POLICY & PROCEDURE. PREPARED BY: Office of Audit & Compliance REVISED: 11/09, 2/12 REVIEWED: 2/07, 2/08, 2/09, 3/10, 2/11
NUMBER: VH-AC 16 Page 1 of 9 EFFECTIVE: 01/2007 REVIEWED: 2/07, 2/08, 2/09, 3/10, 2/11 CEO APPROVAL: Topic: To Prevent and Detect Fraud and Abuse and Information regarding the Federal False Claims Act
More informationINSOLVENCY RELATED LIABILITY OF DIRECTORS UNDER THE COMPANIES ACT, 1956
INSOLVENCY RELATED LIABILITY OF DIRECTORS UNDER THE COMPANIES ACT, 1956 A company is legally separate and distinct from its members. It is ultimately an artificial creation and it acts through its servants
More informationVNSNY CORPORATE. DRA Policy
VNSNY CORPORATE DRA Policy TITLE: FEDERAL DEFICIT REDUCTION ACT OF 2005: POLICY REGARDING THE DETECTION & PREVENTION OF FRAUD, WASTE AND ABUSE AND APPLICABLE FEDERAL AND STATE LAWS APPLIES TO: VNSNY ENTITIES
More informationCommonwealth Fraud Control Guidelines Annual Reporting Questionnaire 2009-10
Commonwealth Fraud Control Guidelines Annual Reporting Questionnaire 2009-10 Please read this first In accordance with the Commonwealth Fraud Control Guidelines (the Guidelines) issued under Regulation
More informationOffice of the Inspector General
Office of the Inspector General Commonwealth of Massachusetts Gregory W. Sullivan Inspector General Guide to Developing and Implementing Fraud Prevention Programs Second Edition American Recovery and Reinvestment
More informationHERITAGE FARM POLICY AND PROCEDURES. Policy: False Claims Act and Whistleblower Provisions
HERITAGE FARM POLICY AND PROCEDURES Policy: False Claims Act and Whistleblower Provisions Date: October 8, 2013 Rationale: It is Heritage Farm s intent to make sure all claims are submitted in a timely
More informationFEDERAL & NEW YORK STATUTES RELATING TO FILING FALSE CLAIMS
FEDERAL & NEW YORK STATUTES RELATING TO FILING FALSE CLAIMS I. FEDERAL LAWS False Claims Act (31 USC 3729-3733) The False Claims Act ("FCA") provides, in pertinent part, that: (a) Any person who (1) knowingly
More informationMetropolitan Jewish Health System and its Participating Agencies and Programs [MJHS]
Metropolitan Jewish Health System and its Participating Agencies and Programs [MJHS] POLICY PURSUANT TO THE FEDERAL DEFICIT REDUCTION ACT OF 2005: Detection and Prevention of Fraud, Waste, and Abuse and
More informationBERKSHIRE HATHAWAY INC. CODE OF BUSINESS CONDUCT AND ETHICS
BERKSHIRE HATHAWAY INC. CODE OF BUSINESS CONDUCT AND ETHICS A. Scope. This Code of Business Conduct and Ethics applies to all Berkshire Hathaway directors, officers and employees, as well as to directors,
More informationFRAUD RISK & INTERNAL AUDIT
FRAUD RISK & INTERNAL AUDIT ACFE & November 12, 2014 Mark P. Ruppert, CPA, CIA, CISA, CHFP, CHC, ACS, Director, Internal Audit Fraud Defined Fraud Risk Why Care / Why Assess Fraud Risk? What is Fraud Risk?
More informationOffice of the Inspector General
Office of the Inspector General Commonwealth of Massachusetts Gregory W. Sullivan Inspector General Guide to Developing and Implementing Fraud Prevention Programs April 2005 Dear Public Officials: April
More informationHelix Energy Solutions Group, Inc. Code of Business Conduct and Ethics
Helix Energy Solutions Group, Inc. Code of Business Conduct and Ethics Introduction This Code of Business Conduct and Ethics ( Code ) covers a wide range of business practices and procedures. It does not
More informationPolicy and Procedure: Corporate Compliance Topic: False Claims Act and Whistleblower Provisions, Deficit Reduction Act
Policy and Procedure: Corporate Compliance Topic: False Claims Act and Whistleblower Provisions, Deficit Reduction Act SCOPE OF POLICY This policy applies to all CFS employees, including trainees, volunteers,
More informationSanchez Energy Corporation. Code of Business Conduct and Ethics
Sanchez Energy Corporation Code of Business Conduct and Ethics Introduction The Board of Directors (the Board ) of Sanchez Energy Corporation (the Company ) has adopted this Code of Business Conduct and
More informationADMINISTRATIVE POLICY MANUAL
SUPERSEDES: New PAGE: 838.00 POLICY: 1. It is the policy of Onondaga County hereinafter referred to as the County, to comply with all applicable federal, state and local laws and regulations, both civil
More informationEXECUTIVE SUMMARY Compliance Program and False Claims Recovery
EXECUTIVE SUMMARY Compliance Program and False Claims Recovery INTRODUCTION: The Federal Deficit Reduction Act of 2005, also known as the DRA, requires that providers give their employees, medical staff,
More informationCORPORATE POLICY & PROCEDURE MANUAL. CHAPTER: General Administration. TITLE: Code of Business Conduct and Ethics
PROCEDURE MANUAL CHAPTER: General Administration TITLE: Code of Business Conduct and Ethics (formerly 3.2.1) SUPERSEDES: 04/01/13 EFFECTIVE: 05/15/15 POLICY This Code of Business Conduct and Ethics covers
More informationStandards of. Conduct. Important Phone Number for Reporting Violations
Standards of Conduct It is the policy of Security Health Plan that all its business be conducted honestly, ethically, and with integrity. Security Health Plan s relationships with members, hospitals, clinics,
More informationFalse Claims / Federal Deficit Reduction Act Notice Help Stop Healthcare Fraud, Waste and Abuse: Report to the Firelands Corporate Compliance Officer
1111 Hayes Avenue Sandusky, OH 44870 www.firelands.com False Claims / Federal Deficit Reduction Act Notice Help Stop Healthcare Fraud, Waste and Abuse: Report to the Firelands Corporate Compliance Officer
More informationINCORPORATING FRAUD RISK ASSESSMENTS INTO FEDERAL GOVERNMENT INTERNAL AUDIT ACTIVITIES PRESENTATION BY CHERILYN MONTMINY
INCORPORATING FRAUD RISK ASSESSMENTS INTO FEDERAL GOVERNMENT INTERNAL AUDIT ACTIVITIES PRESENTATION BY CHERILYN MONTMINY January 8, 2013 Poll #1 In which industry do you work? a) Federal government internal
More informationINTERNATIONAL STANDARD ON AUDITING (UK AND IRELAND) 240 THE AUDITOR S RESPONSIBILITIES RELATING TO FRAUD IN AN AUDIT OF FINANCIAL STATEMENTS
INTERNATIONAL STANDARD ON AUDITING (UK AND IRELAND) 240 Introduction THE AUDITOR S RESPONSIBILITIES RELATING TO FRAUD IN AN AUDIT OF FINANCIAL STATEMENTS (Effective for audits of financial statements for
More informationFEDERAL & NEW YORK STATUTES RELATING TO FILING FALSE CLAIMS. 1) Federal False Claims Act (31 USC 3729-3733)
FEDERAL & NEW YORK STATUTES RELATING TO FILING FALSE CLAIMS I. FEDERAL LAWS 1) Federal False Claims Act (31 USC 3729-3733) II. NEW YORK STATE LAWS A. CIVIL AND ADMINISTRATIVE LAWS 1) New York False Claims
More informationFraud, Waste and Abuse Prevention and Education Policy
Corporate Compliance Fraud, Waste and Abuse Prevention and Education Policy The Compliance Program at the Cortland Regional Medical Center (CRMC) demonstrates our commitment to uphold all federal and state
More informationConsideration of Fraud in a Financial Statement Audit
Consideration of Fraud in a Financial Statement Audit 1719 AU Section 316 Consideration of Fraud in a Financial Statement Audit (Supersedes SAS No. 82.) Source: SAS No. 99; SAS No. 113. Effective for audits
More informationCardinal McCloskey Services Corporate Compliance False Claims Act and Whistleblower Provisions
Cardinal McCloskey Services Corporate Compliance False Claims Act and Whistleblower Provisions Purpose: Cardinal McCloskey Services is committed to prompt, complete and accurate billing of all services
More informationNEVADA DEPARTMENT OF JUSTICE Office of the Attorney General A GUIDE TO NON-PROFITS. Catherine Cortez Masto, Attorney General
NEVADA DEPARTMENT OF JUSTICE Office of the Attorney General A GUIDE TO NON-PROFITS Catherine Cortez Masto, Attorney General INTRODUCTION Directors of Nevada nonprofit corporations are responsible for management
More informationINTEGRATED BAR OF THE PHILIPPINES COMMISSION ON BAR DISCIPLINE GUIDELINES FOR IMPOSING LAWYER SANCTIONS A. PURPOSE AND NATURE OF SANCTIONS
INTEGRATED BAR OF THE PHILIPPINES COMMISSION ON BAR DISCIPLINE GUIDELINES FOR IMPOSING LAWYER SANCTIONS A. PURPOSE AND NATURE OF SANCTIONS 1.1 Purpose of Lawyer Discipline Proceedings The purpose of lawyer
More informationFraud Prevention DEFINITIONS
AD 19 Fraud Prevention Classification: Responsible Authority: Director, Finance and Administrative Services Executive Sponsor: Approval Authority: President s Council Date First Approved: NEW Date Last
More informationCOUNTY OF ORANGE. False Claims Act and Whistleblower Provisions Policy and Procedures
COUNTY OF ORANGE False Claims Act and Whistleblower Provisions Policy and Procedures COUNTY OF ORANGE FALSE CLAIMS ACT AND WHISTLEBLOWER PROVISIONS POLICY AND PROCEDURES I. Purpose. The County of Orange
More informationPrevention of Fraud, Waste and Abuse
Procedure 1910 Responsible Office: Yale Medical Group Effective Date: 01/01/2007 Responsible Department: Administration Last Revision Date: 09/20/2013 Prevention of Fraud, Waste and Abuse Policy Statement...
More informationCalifornia Mutual Insurance Company Code of Business Conduct and Ethics
California Mutual Insurance Company Code of Business Conduct and Ethics This Code of Business Conduct and Ethics (the Code ) applies to all officers, employees, and directors of California Mutual Insurance
More informationDLI CODE OF BUSINESS CONDUCT & ETHICS
DLI CODE OF BUSINESS CONDUCT & ETHICS All DLI employees, regardless of where they are located, must conduct their affairs with uncompromising honesty and integrity. Business ethics are no different from
More informationYMCA of High Point Whistleblower Policy and Procedure
YMCA of High Point Whistleblower Policy and Procedure In keeping with the policy of maintaining the highest standards of conduct and ethics, the YMCA of High Point will investigate any suspected fraudulent
More informationVILLAGECARE CORPORATE COMPLIANCE POLICY AND PROCEDURE MANUAL ORIGINAL EFFECTIVE DATE: JANUARY 1, 2007
VILLAGECARE CORPORATE COMPLIANCE POLICY AND PROCEDURE MANUAL SUBJECT: COMPLIANCE WITH FEDERAL AND STATE FALSE CLAIMS LAWS AND DETECTION AND PREVENTION OF FRAUD, WASTE AND ABUSE LAST POLICY REVISION EFFECTIVE
More informationTitle: False Claims Act & Whistleblower Protection Information and Education
Care Initiatives Policy and Procedure Title: False Claims Act & Whistleblower Protection Information and Education Version Number Implemented By Revision Date Approved By Approval Date Initial Compliance
More informationRaising concerns (Whistleblowing) Policy and Procedure
Raising concerns (Whistleblowing) Policy and Procedure The Public Interest Disclosure Act provides strong protection for workers who blow the whistle on or raise a genuine concern about malpractice. The
More informationWhistleblower Policies Under the Nonprofit Revitalization Act of 2013. Attorney General Eric Schneiderman Charities Bureau www.charitiesnys.
Whistleblower Policies Under the Nonprofit Revitalization Act of 2013 Attorney General Eric Schneiderman Charities Bureau www.charitiesnys.com Guidance Document 2015-5, V. 1.0 Issue date: April 13, 2015
More informationDEPARTMENT OF HUMAN SERVICES DIVISION OF DEVELOPMENTAL DISABILITIES
DEPARTMENT OF HUMAN SERVICES DIVISION OF DEVELOPMENTAL DISABILITIES DIVISION CIRCULAR #54 N/A EFFECTIVE DATE: November 19, 2008 DATE ISSUED: November 19, 2008 (Rescinds Division Circular #54 issued on
More informationSULLIVAN COUNTY EMPLOYEE ORIENTATION FACT SHEET # 31
SULLIVAN COUNTY EMPLOYEE ORIENTATION FACT SHEET # 31 SULLIVAN COUNTY CORPORATE COMPLIANCE SUBJECT: FALSE CLAIMS ACT STATEMENT OF POLICY: Sullivan County is committed to providing quality health care in
More informationTHE COUNTY OF MONTGOMERY POLICIES AND PROCEDURES FALSE CLAIMS AND WHISTLEBLOWER PROTECTIONS
THE COUNTY OF MONTGOMERY POLICIES AND PROCEDURES POLICY It is the obligation of the County of Montgomery (the County ) to prevent and detect any fraud, waste and abuse in its organization related to Federal
More informationWESTERN ASSET MORTGAGE CAPITAL CORPORATION CODE OF CONDUCT
WESTERN ASSET MORTGAGE CAPITAL CORPORATION CODE OF CONDUCT I. Introduction This Code of Conduct (the "Code") sets out basic principles to guide the day-today business activities of directors, officers
More informationAccounting Ethics: The Moral of the Story
Accounting Ethics: The Moral of the Story Dinah Payne 1 Role of Financial Reporting To provide information that is useful in making business and economic decisions To serve the public interest To communicate
More informationCODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY FOR DELAWARE PARALEGALS PREAMBLE
CODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY FOR DELAWARE PARALEGALS PREAMBLE The Delaware Paralegal Association advocates that paralegals have an ethical and professional responsibility in the delivery
More informationHow To Get A Medical License In Michigan
FRAUD, WASTE, & ABUSE Kimberly Parks NEIGHBORHOOD LEGAL SERVICES MICHIGAN ELDER LAW & ADVOCACY CENTER 12121 Hemingway Redford, Michigan 48239 (313) 937-8291 Why It s Important Fraud, Waste and Abuse drain
More informationUNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION. v. CASE NO. 8:15-CR-244-T-23AEP PLEA AGREEMENT
Case 8:15-cr-00244-SDM-AEP Document 3 Filed 07/08/15 Page 1 of 15 PageID 6 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA v. CASE NO. 8:15-CR-244-T-23AEP
More informationFraud Policy FEBRUARY 2014
Fraud Policy FEBRUARY 2014 TABLE OF CONTENTS 1. Application of Policy... 2 2. Purpose of Policy... 2 3. Fraud Policy... 2 4. Definition of Fraud... 2 5. Duties and Responsibilities of an Employee or Contractor...
More informationCODE OF ETHICS AND BUSINESS CONDUCT
CODE OF ETHICS AND BUSINESS CONDUCT Date of Issue: 22 January 2015 Version number: 2 LUXFER HOLDINGS PLC Code of Ethics and Business Conduct Luxfer Holdings PLC is committed to conducting its business
More informationINTERNATIONAL STANDARD ON AUDITING 240 THE AUDITOR S RESPONSIBILITIES RELATING TO FRAUD IN AN AUDIT OF FINANCIAL STATEMENTS CONTENTS
INTERNATIONAL STANDARD ON 240 THE AUDITOR S RESPONSIBILITIES RELATING TO (Effective for audits of financial statements for periods beginning on or after December 15, 2009) CONTENTS Paragraph Introduction
More informationPOLICY ON FRAUD, WASTE AND ABUSE IN FEDERAL HEALTH CARE PROGRAMS
43 New Scotland Avenue (MC-12) Albany, NY 12208 POLICY ON FRAUD, WASTE AND ABUSE IN FEDERAL HEALTH CARE PROGRAMS EFFECTIVE JANUARY 1, 2007, APPROVED NOVEMBER 14, 2006 LATEST REVISION DATE: MARCH 4, 2015
More informationOhio State Bar Foundation. January 29, 2015. A Primer on Board Fiduciary Responsibility
Ohio State Bar Foundation January 29, 2015 A Primer on Board Fiduciary Responsibility William J. Culbertson, Esq. Baker & Hostetler LLP 3200 PNC Center 1900 East 9 th Street Cleveland, Ohio 44114 Telephone:
More informationProcurement Fraud Identification & Role of Data Mining
The paper describes the known boundaries of Procurement Fraud and outlines the scope of data mining within the same. The paper also highlights some of the basic steps to be taken care of before the application
More informationPHILIPPINE LONG DISTANCE TELEPHONE COMPANY CODE OF BUSINESS CONDUCT AND ETHICS
PHILIPPINE LONG DISTANCE TELEPHONE COMPANY CODE OF BUSINESS CONDUCT AND ETHICS Philippine Long Distance Telephone Company ( PLDT or the Company ) is dedicated to doing business in accordance with the highest
More informationCODE OF BUSINESS CONDUCT AND ETHICS
Effective: 1 st April 2015 Table of Contents 1. PURPOSE... 3 2. SCOPE... 3 3. OWNERSHIP... 3 4. DEFINITIONS... 3 5. CONFLICTS OF INTEREST... 3 6. CORPORATE OPPORTUNITIES... 4 7. CONFIDENTIALITY AND PRIVACY...
More informationA Message to Employees
A Message to Employees Financial integrity is key to the Company s reputation among our investors, customers, business partners, suppliers, regulators, government entities, employees and professional advisors.
More informationFEDERAL LAWS RELATING TO FRAUD, WASTE AND ABUSE
FEDERAL LAWS RELATING TO FRAUD, WASTE AND ABUSE FEDERAL CIVIL FALSE CLAIMS ACT The federal civil False Claims Act, 31 U.S.C. 3729, et seq., ( FCA ) was originally enacted in 1863 to combat fraud perpetrated
More informationAppendix L: Nebraska s False Medicaid Claims Act Nebraska Statues Chapter 68 November 2013 Section 68-935 Terms, defined.
Appendix L: Nebraska s False Medicaid Claims Act Nebraska Statues Chapter 68 November 2013 Section 68-935 Terms, defined. For purposes of the False Medicaid Claims Act: A. Attorney General means the Attorney
More informationTouchstone Health Training Guide: Fraud, Waste and Abuse Prevention
Touchstone Health Training Guide: Fraud, Waste and Abuse Prevention About the Training Guide Touchstone is providing this Fraud, Waste and Abuse Prevention Training Guide as a resource for meeting Centers
More informationESTABLISHING POLICY AND PROCEDURES FOR COMPLIACE WITH 42 USC 139a(a)(68), False Claims and Whistle Blower Protections
RESOLUTION NO. COA-falseclaimsandwhistlesrev. 93-10 Date: 2/23/2010 ESTABLISHING POLICY AND PROCEDURES FOR COMPLIACE WITH 42 USC 139a(a)(68), False Claims and Whistle Blower Protections BY: Mr. George
More informationMultnomah County Department of County Human Services
Multnomah County Department of County Human Services Mental Health & Addiction Services Division Compliance Program Training Medicaid Fraud & Abuse 2014 Training Objectives THIS TRAINING DOES NOT LIMIT
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND UNITED STATES OF AMERICA : CRIMINAL NO.
SMS/SD/ USAO # 2002R00205 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND UNITED STATES OF AMERICA : CRIMINAL NO. v. : (Bank Fraud, 18 U.S.C. 1344, 1346; False Entry in Bank Records, JOHN
More informationSOUTH NASSAU COMMUNITIES HOSPITAL One Healthy Way, Oceanside, NY 11572
SOUTH NASSAU COMMUNITIES HOSPITAL One Healthy Way, Oceanside, NY 11572 POLICY TITLE: Compliance with Applicable Federal and State False Claims Acts POLICY NUMBER: OF-ADM-232 DEPARTMENT: Hospital-wide CROSS-REFERENCE:
More informationSCHOOLS FRAUD RESPONSE PLAN
SCHOOLS FRAUD RESPONSE PLAN Author Jean Gleave, Chief Internal Auditor Date Last Agreed May 2012 Review Date May 2014 1 WARRINGTON BOROUGH COUNCIL SCHOOLS FRAUD RESPONSE PLAN Introduction The purpose of
More informationSTATEMENT FROM THE CHAIRMAN
STATEMENT FROM THE CHAIRMAN In an ever-changing global marketplace, it is important for all of us to have an understanding of the responsibilities each of have in carrying out day-to-day business decisions
More informationTips To Prepare. Audits/Investigations. For Prosecution
Tips To Prepare Audits/Investigations For Prosecution Presented By: Assistant State Attorney Sheri Maxim Thirteenth Judicial System Hillsborough County Florida Maxim_s@sao13th.com 813-274-1324 Topics of
More informationFederal False Claims Act (31 USC 3729 through 3733)
I. INTRODUCTION The False Claims Act (FCA) is a federal law that was created to discourage and punish profiteers from providing sub-standard supplies to the Union Army during the Civil War. The FCA was
More informationSUSPICIOUS ACTIVITY AND CRIMINAL VIOLATIONS Section 10.1
INTRODUCTION Criminal Conduct Undermines Public Confidence The public's confidence in the banking system is undermined when insured institutions are the victim of fraudulent and dishonest conduct, which,
More informationCode of Ethics. I. Definitions
Code of Ethics Old North State Trust, LLC (the Company ) has adopted this Code of Ethics in recognition of the principle that all Supervised Persons (as defined below) of the Company have a fiduciary duty
More informationFraud, Waste and Abuse Prevention Training
Fraud, Waste and Abuse Prevention Training The Centers for Medicare & Medicaid Services (CMS) requires annual fraud, waste and abuse training for organizations providing health services to MA or Medicare
More informationNOTE TO LAWYERS & ETHICS SECTION 4 EXAM PROCTORS: STUDENTS MAY BRING IN THIS PAPER TO THE FINAL EXAM Lawyers & Ethics 2013 Common Law The purpose of
FLETCHER LAWYERS & ETHICS FINAL EXAM Instructions: Answer the questions below in essay form. You may draw upon any and all of the materials assigned in this class. You may draw upon THE COMMON LAW of this
More informationCHAPTER 14. Criminal Activities Potentially Affecting State Government. 14.3.1 Threatening, Intimidating, or Harassing
CHAPTER 14 DETECTION OF CRIMINAL VIOLATIONS Table of Contents Section 14.1 Scope of this Chapter 14.1.1 Introduction Section 14.2 Section 14.3 Reporting of Crimes Criminal Activities Potentially Affecting
More informationLife Insurance Council Code of Conduct
Life Insurance Council Code of Conduct TABLE OF CONTENTS EXECUTIVE SUMMARY... 2 INTERPRETATION... 5 DEFINITIONS... 6 CODE OF CONDUCT PRINCIPLES... 7 1. INTEGRITY AND TRUSTWORTHINESS... 7 2. GOOD FAITH...
More informationFraud, Waste, and Abuse
These training materials are divided into three topics to meet the responsibilities stated on the previous pages: Fraud, Waste, Compliance Program Standards of Conduct Although the information contained
More informationHUNTERDON HEALTHCARE SYSTEM ADMINISTRATIVE POLICY AND PROCEDURE MANUAL
Page 1 of 12 Subcategory: I. POLICY It is the policy of Hunterdon Healthcare System (HHS) to be in compliance with all applicable federal and state laws, to enforce procedures designed to detect and prevent
More informationFEDERAL AND STATE FALSE CLAIMS ACT, ADMINISTRATIVE PENALTIES AND WHISTLEBLOWER PROTECTION LAWS:
Corporate Compliance Fraud, Waste, Abuse and Whistleblower Education The Compliance Program at Cortland Regional Medical Center (CRMC) demonstrates our commitment to uphold all federal and state laws and
More informationAMERICAN BAR ASSOCIATION STANDARDS FOR IMPOSING LAWYER SANCTIONS
AMERICAN BAR ASSOCIATION STANDARDS FOR IMPOSING LAWYER SANCTIONS Definitions Adopted by the Michigan Supreme Court in Grievance Administrator v Lopatin, 462 Mich 235, 238 n 1 (2000) AInjury@ is harm to
More informationRevised 05/22/14 P a g e 1
Corporate Office 107 W. Franklin Street P.O. Box 638 Elkhart, IN 46515-0638 Phone (574) 294-7511 Fax (574) 522-5213 INTRODUCTION PATRICK INDUSTRIES, INC. CODE OF ETHICS AND BUSINESS CONDUCT As a leader
More informationFinancial Services. New York State s Martin Act: A Primer
xc Financial Services JANUARY 15, 2004 / NUMBER 4 New York State s Martin Act: A Primer New York State s venerable Martin Act gives New York law enforcers an edge over the Securities and Exchange Commission.
More informationCompliance with False Claims Act
MH Policy and Procedure Document Number: MH-COMPLY-001 Document Owner: Corporate Compliance Officer Date Last Author: Corporate Compliance Officer General Description Purpose: To establish written guidelines
More informationThe University of British Columbia Board of Governors
The University of British Columbia Board of Governors Policy No.: 111 Approval Date: June 2008 Last Revision: [2013] Responsible Executive: President Title: Internal Audit, Investigations, and Financial
More informationMOLINA HEALTHCARE, INC. CODE OF BUSINESS CONDUCT AND ETHICS
MOLINA HEALTHCARE, INC. CODE OF BUSINESS CONDUCT AND ETHICS The Board of Directors of Molina Healthcare, Inc. has adopted this Code with respect to the business conduct and practices governing the affairs
More informationCODE OF ETHICS FOR SENIOR FINANCIAL OFFICERS
CODE OF ETHICS FOR SENIOR FINANCIAL OFFICERS Statement of Principle Our long-standing policy, as stated in our Pledge, is to maintain the highest standard of moral and ethical behavior in our relationships
More informationUSC Office of Compliance
PURPOSE This policy complies with requirements under the Deficit Reduction Act of 2005 and other federal and state fraud and abuse laws. It provides guidance on activities that could result in incidents
More informationAnti-bribery and Fraud Protection Policy
Anti-bribery and Fraud Protection Policy Dear Colleagues and Partners, Carbo One Limited is one of the largest coal trading companies in the market and the nature of its business requires interaction with
More informationInternal Controls for Small Organizations. Jen Parker, CPA Director of Accounting & Finance US Youth Soccer
Internal Controls for Small Organizations Jen Parker, CPA Director of Accounting & Finance US Youth Soccer Fraud Statistics: The following statistics about fraud and white collar crime are from the Association
More informationPublic Integrity Criminal Law for the Municipal Attorney By Julia Davis
Public Integrity Criminal Law for the Municipal Attorney By Julia Davis You are an attorney with Municipal City s law department and your supervisor calls you with an urgent assignment: Joe Public Servant
More informationSTATEN ISLAND UNIVERSITY HOSPITAL ADMINISTRATIVE POLICY AND PROCEDURE MANUAL
Page 1 of 10 POLICY: It is the obligation of the North Shore-Long Island Jewish Health System, Inc. 1 ( Health System ) and Staten Island University Hospital ( SIUH ) to prevent and detect any fraud, waste
More informationDestiny Media Technology s Code of Conduct
Destiny Media Technology s Code of Conduct INTRODUCTION Destiny Media Technology s ( Destiny ) reputation depends on the conduct of its employees, officers and directors who have an obligation to Destiny
More information